Yep, no decisions yet. What else is new?
(The usual disclaimer applies- the following articles aren't mine, obviously!)
Defense and Prosecutors Continue Sparring Over Evidence in Selenski Case
Reported by: Amy Bradley (WBRE)
04/10/2007 06:18pm
From
PAHomepage.comWILKES-BARRE- Questions about what evidence really exists resulted in frustrations on all sides inside a Luzerne County courtroom.
As accused double-murderers Hugo Selenski and Paul Weakley move closer to trial, their attorneys said they’re not being given the information necessary to defend their clients. They said need a specific timeline as to when the alleged crimes were committed. They're also asking for loads of additional evidence.
On his way into court, Selenski spoke to WBRE News about his expectations. “I don't think I'm really expecting much. I'm more or less hoping. I'm hoping to get through all these pre-trial motions and get that much closer to trial, that's all,” said Selenski.
With another court hearing now over, Selenski and co-defendant Weakley are now one step closer to trial.
The main thing defense attorneys are seeking is the prosecution's theory of a specific timeframe of when the alleged robberies and murders of Michael Kerkowski and Tammy Fassett took place.
“The commonwealth has alleged these crimes took place in a 92 day period. The problem is Mr. Selenski is entitled to raise an alibi if he can establish an alibi. It is virtually impossible to account for oneself over a 92 day period,” said Selenski’s attorney, John Pike.
Luzerne County's District Attorney, Dave Lupas, says his office doesn't have to prove the exact date, but that they allege the crimes occurred on or about May 3rd, 2002.
Defense attorneys also asked for several other pieces of evidence that could be used at trial. Lupas said the requests are nothing out of the ordinary.
“It's an ongoing process. We've given them in excess of 20-thousand pages of documents and as more information comes in it is provided to them,” said Lupas.
Defense attorneys also requested more information about the federal prosecution of Christina Strom. She's Selenski's ex-girlfriend who purchased the couple's Kingston Township home where the bodies of Kerkowski and Fassett were found buried.
“We'd like to know what, if any, correspondence or exchanges have occurred between the U.S. Attorney's office and our county d.a's office specifically related to Tina Strom's federal prosecution,” said Pike.
On his way out of court, Selenski explained why this information could be critical to his case.
“Because I know what they're going to say. I don't want to get into all that right now. But I know there are countless contradictions,” said Selenski.
We still don't know if the co-defendants will go to trial together or separately. That's yet to be decided by Judge Chester Muroski.
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Selenski, Weakley attorneys want some charges dropped
By
DAVID WEISS (Times Leader)
Wednesday, April 11, 2007 9:17 A.M.
From
TimesLeader.comWILKES-BARRE – A judge will decide whether homicide suspects Hugo Selenski and Paul Weakley should stand trial on all their charges.
Attorneys for Weakley had asked that all his charges be thrown out because prosecutors failed to present sufficient evidence at a preliminary hearing. Selenski’s attorneys asked for some of his charges to be thrown out, also.
Luzerne County Court of Common Pleas Judge Chester Muroski heard argument on the issues Tuesday. He will issue a ruling.
Selenski and Weakley are charged with killing pharmacist Michael Kerkowski and Tammy Fassett.
The two went missing in May 2002 before the pharmacist was to be sentenced in Wyoming County Court on numerous charges, including illegal distribution of drugs and fraud.
Police found their bodies buried behind Selenski’s Mount Olivet Road home in Kingston Township in June 2003.
Muroski on Tuesday also heard arguments on other issues.
Selenski attorney John Pike said he needed prosecutors to give a more specific timeframe as to when the alleged homicides occurred in case he needs to file a notice of an alibi defense for his client.
Pike also wants District Attorney David Lupas to turn over any documents related to any discussions Selenski’s former girlfriend Tina Strom has had with federal prosecutors.
Pike also said he wanted more information about police in 2003 entering Weakley’s apartment without a warrant to search it.
Another hearing is set for April 27.
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Selenski, Weakley attorneys argue prosecutors didn’t provide evidence
BY
JAMES CONMY, CITIZENS VOICE STAFF WRITER
04/11/2007
From
CitizensVoice.comWILKES-BARRE — Defense attorneys for murder suspects Hugo Selenski and Paul Weakley argued Tuesday the Luzerne County district attorney’s office failed to present evidence proving their clients robbed their alleged victims before they were killed.
District Attorney David Lupas and his team insist they can place Selenski and Weakley with large amounts of cash in the hours immediately after Tammy Fassett and Michael Kerkowski first went missing in May 2002. That money came from robbing Kerkowski and Fassett, Lupas contends.
Judge Chester Muroski will decide if robbery charges should move forward to trial. If robbery charges are dismissed, the district attorney’s office could not seek second-degree murder convictions — a murder that takes place while a suspect or suspects are committing another felony crime — against Selenski and Weakley.
Muroski is expected to issue a ruling at a later date on the robbery charges and other pre-trial issues debated Tuesday.
“I’m trying to make this so there are no surprises at trial,” Muroski told the 10 attorneys involved in the case Tuesday.
As for the robbery, Lupas argued Selenski deposited $10,000 in his account hours after Fassett’s and Kerkowski’s disappearances. Without the deposit, a check used to make the down payment on Selenski’s Mount Olivet Road home would have bounced.
“Certainly that’s circumstantial evidence that money was obtained from those two individuals,” Lupas said.
Attorney Samuel Falcone argued on Weakley’s behalf that check does not prove a robbery. Selenski’s attorney Steve Menn pointed out testimony at a preliminary hearing last year placed Selenski and Weakley with large amounts of cash before Fassett and Kerkowski disappeared.
“This money didn’t all of a sudden appear out of nowhere,” Menn said.
The two sides also clashed over how specific the prosecution must be on the time and place where Selenski and Weakley allegedly killed Fassett and Kerkowski. The victims’ bodies were found buried at the Mount Olivet Road property in June 2003 — more than a year after they disappeared.
One of Weakley’s other court-appointed attorneys Joe Nocito says the time and place of the alleged crime are crucial to building an alibi defense. Attorney John Pike argued on Selenski’s behalf forensic evidence should allow the district attorneys office to be more specific on the time of death.
First Assistant District Attorney Jackie Musto Carroll insisted there is no requirement for the prosecution to pinpoint the exact time and place where the crime took place.
“These poor souls were buried for over a year, that changes the forensics in this case,” Musto Carroll said.
One new development in the case that arose Tuesday was the acknowledgment of a February 2003 search of Weakley’s former Kingston residence. A federal search warrant was denied, but Lupas’ office authorized the search for “safety” reasons. Both defense teams want to know what was recovered from that search.
The district attorney’s office has provided all necessary documentation and continues to give both defense teams any new paperwork that may come down in the case, Carroll said.
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All in all, was anything accomplished?
It's "funny" how the feds said no to that search but Lupas thought he could overrule them- let's see if this doesn't come back to bite him.
Hmm, wonder how long it'll take until ANY decisions on ANY of these issues are made, let alone a trial date?
Let's see: 2002, 2003- and now it's 2007- wow...
i did forfeit the vacation days i had requested for the end of the month into may because of my vacation allotment being all screwed up still. i don't have any plans for that time, so why take it anyway? i'm still a floater, so i can take time off whenever. 
but i still heart my mono perfo magenta wallet, lol... i've used it for the past year- the longest i've used anything like that!!
grrrrrrrrrrarrrrr!!!
hahahahahaha, tiiiiiired that's me!
